Hong Kong Ordinances

KARAOKE ESTABLISHMENTS ORDINANCE - SECT 16

Order for closure and cessation of use of premises as a karaoke establishment

(1) Where it is proved to the satisfaction of the District Court on the sworn
information of the licensing authority that-

   (a)  not less than 24 hours' notice in writing of his intention to swear
        the information was served by the licensing authority on the person
        being the operator, keeper, manager or otherwise having control of the
        karaoke establishment; and

   (b)  it appears to the licensing authority that-

        (i)    there is any danger or risk of danger to persons on the
               premises being used as a karaoke establishment; or

        (ii)   the requirements of a direction given under section 15 have not
               been complied with in respect of the karaoke establishment
               within the period of time indicated in the notice served under
               that section, the District Court shall make an order in writing
               directing that the
karaoke establishment or a specified part thereof ("specified part") shall
close and shall cease to be used as a karaoke establishment.

(2) An order under subsection (1) shall not operate-

   (a)  if, on the day the order is made, any part of the karaoke 
        establishment is used for human habitation, to prevent such habitation
        in that part; or

   (b)  to affect the use of any common area in any building or public place
        so as to cause obstruction to public passage or fire escape.

(3) On the making of an order under subsection (1)-

   (a)  any police officer or any public officer authorized by the
        licensing authority in writing may remove from the
        karaoke establishment or specified part any person found in the
        karaoke establishment or specified part and any person being in the
        karaoke establishment or specified part in contravention of subsection
        (4);

   (b)  the licensing authority may execute or cause to be executed any work
        necessary to give effect to the order made under subsection (1) and
        may recover in the District Court any expenses incurred by reason of
        such work from the person being the operator, keeper, manager or
        otherwise having control of the karaoke establishment as a debt due to
        the Government.

(4) No person other than-

   (a)  any police officer or any public officer in the course of his duty; or

   (b)  any person authorized by the licensing authority in writing, shall
        enter or be in the karaoke establishment or specified part while an
        order under subsection (1) is for the time being in force.

(5) At any time while an order under subsection (1) is in force-

   (a)  the person being the operator, keeper, manager or otherwise having
        control of the karaoke establishment; or

   (b)  any person having an interest in the premises to which an order under
        subsection (1) relates, may, by notice in writing served on the
        licensing authority, request the licensing authority to make a
        declaration under subsection (6).

(6) Where a request is made under subsection (5), the licensing  authority
shall as soon as practicable, and in any event within 28 days after receiving
the request-

   (a)  if satisfied that the circumstances that gave rise to the making of
        the order no longer exist, by notice in writing served on the person
        who made the request, declare that the order shall cease to have
        effect; or

   (b)  in any other case, notify the person in such manner as he thinks fit
        of any outstanding matter that requires to be remedied.

(7) If the licensing authority-

   (a)  rejects a request; or

   (b)  fails to make a declaration under subsection (6)(a) within the
        specified period, the person who made the request may apply to the
        District Court for the discharge of the order.

(8) A person who makes an application under subsection (7) shall give notice
in writing of the application to the licensing authority within 7 days after
making the application.

(9) On hearing an application for the discharge of an order, the District
Court may discharge the order if it is satisfied that the circumstances that
gave rise to the making of the order no longer exist.